Sole proprietor workers comp in New Hampshire
New Hampshire does not require sole proprietors to cover themselves. Owners can elect out by filing an exclusion form, lowering premium but giving up workers comp benefits if they are injured at work. Verified 2026-05-09.
How sole proprietor workers comp works in New Hampshire
A sole proprietor is the simplest business form: one person, no separate legal entity, all income reported on Schedule C. New Hampshire does not require sole proprietors to cover themselves. Owners can elect out by filing an exclusion form, lowering premium but giving up workers comp benefits if they are injured at work. If you have at least one employee, you almost certainly need a policy regardless of whether you cover yourself.
Cost for a sole proprietor in New Hampshire
Premium is rated on payroll. The owner draw on Schedule C is typically rated at the state minimum payroll for sole proprietors (often around $50,000 annualized) when the owner elects in. The class code drives the rate per $100, ranging from clerical at well under $1 to roofing or trucking at $20 or more in New Hampshire. A solo operator on a low-rate clerical code who elects in often pays only the carrier minimum (typically $250 to $500), while a contractor with a single helper can run from a few hundred to a few thousand a year depending on payroll. Schedule credits up to 25% are typical for low-loss accounts in New Hampshire.
When to elect in vs out
Electing in makes sense if your work is hands-on (contractor, trucker, roofer, landscaper) because workers comp is the only insurance that pays both medical and lost-wage benefits with no deductible. Electing out makes sense if your work is low-risk and you have personal health insurance plus disability coverage that replaces workers comp at lower cost. Run the math on minimum premium versus an individual disability policy before deciding.
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FAQs
Do sole proprietors need workers comp in New Hampshire?
New Hampshire does not require sole proprietors to cover themselves. Owners can elect out by filing an exclusion form, lowering premium but giving up workers comp benefits if they are injured at work.
When does a New Hampshire sole proprietor have to start carrying workers comp?
Mandatory for employers with one or more employees, full-time or part-time. For a sole proprietor with no employees, the threshold typically does not trigger; once you make a first W-2 hire, the rule applies and you need a policy in force on the hire date.
What happens if a New Hampshire sole proprietor skips workers comp?
Employers failing to carry workers' compensation insurance may face fines of up to $2,500 per day, stop-work orders, and personal liability for employee injuries.
Is workers comp tax-deductible for a sole proprietor in New Hampshire?
Yes, workers comp premium is a deductible business expense on Schedule C for a sole proprietor whether the policy is required by New Hampshire law or elected voluntarily. The deduction reduces taxable self-employment income, which also reduces the SE tax. Keep the policy declarations page and audit endorsement with your tax records.
Can a sole proprietor in New Hampshire skip workers comp by paying everyone 1099?
New Hampshire uses a multi-factor 'right to control' test to determine if a worker is an employee or independent contractor. If the workers act like W-2 employees (set hours, your tools, your direction), the carrier or state can reclassify them at audit and recover back premium plus penalties.